Question
Shalom Rabbi
I’m renting an apartment in Jerusalem, last night the apartment’s solar boiler exploded following the cold that was in Jerusalem. I asked the renter to fix the boiler, but he tells me I have to fix because I didn’t open the water at night, and that would have prevented the explosion. I am not originally from Jerusalem and did not know the water faucet had to be opened at night. Who must bear the cost of repairing the boiler.
Answer:
It is the duty of a renter to take care to prevent damage from the landlord, so it was certainly up to you to take care to open the water faucet on nights when there is a fear of cold.
Despite the above, if you did not open the water at night, and the water in the boiler froze and caused damage you are exempt from payment, and the landlord must bear the cost of the repair and provide you with a proper apartment.
However, to the extent that there is a reference in the lease contract that imposes a duty on the tenant to repair in such a case, you must bear the cost of the repair, as much as a condition of the funds that the condition exists even if you do not have to do so from the law of the Torah.
